Every crime in California consists of "elements." These are facts the prosecutor must prove to make a case in court. In this section, we break down each crime into its elements. Then we discuss the best ways to fight the charge, and the penalties that stem from a conviction.

If you got charged with a crime, check the documents for the code section you are accused of violating. Then find our page addressing that code section. We will explain the law, potential penalties, and how best to fight the charge.

All crimes in Nevada consist of "elements." An element is a fact that the prosecutor must prove beyond a reasonable doubt for the defendant to be convicted. In this section, our Nevada criminal defense attorneys discuss the elements of each crime. Then we explain effective ways to defend against the charge, and what penalties a conviction may carry.

Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Nevada DUI Laws to learn more.

Impersonating a public officer such as a cop, soldier, or judge is illegal in Nevada. Courts may impose penalties including fines and possibly jail. But a skilled Nevada criminal defense attorney may be able to get the charges reduced or possibly dismissed.

Continue reading to learn about the Nevada offense of public officer impersonation. This article explains the law, penalties, and defenses.

Definition of "impersonation of an officer" in Nevada

Like it sounds, the legal definition of the Nevada crime of "impersonation of an officer" is when someone defrauds or injures another by falsely holding him/herself out as either a:

public officer (civil or military), or

police officer, or

private individual having lawful authority to perform an act affecting the rights or interests of another

Note that a person may be convicted of violating NRS 199.430 even if he/she doesn't physically wear the uniform or badge of the officer being impersonated. Mesquite criminal defense lawyer Michael Becker gives an example:

David is angry at his neighbor in Henderson for not paying back a loan. So David calls his neighbor and claims to be a cop, and he warns the neighbor that he'll be arrested if he doesn't pay up. Frightened of being arrested, the neighbor pays David. If David is caught, the Henderson police could book David at the Henderson Detention Center for impersonating an officer in order to defraud the neighbor.

Also note that dressing up as an officer is not in itself a criminal act unless the person means to defraud or injure another person. Searchlight criminal defense attorney Neil Shouse explains:

Henry dresses up as a cop for a costume party in North Las Vegas. After the party, he walks home in his costume. Anyone passing him on the street assumes he's a cop. Then actual North Las Vegas policemen see him and book him at the North Las Vegas Detention Center for impersonating a police officer.

Henry in the above example should not be convicted of officer impersonation because he did not use his costume to defraud or injure anybody else. The fact that passerbyers may have presumed he was an actual cop is irrelevant to the charges. Learn more about Nevada false impersonation laws.

Defenses to "impersonation of an officer" in Nevada

Each false impersonation case has unique circumstances which in turn dictate which defense strategies would prove most successful. The following are general tactics for fighting officer impersonation allegations:

Lack of evidence. In order for a defendant to be found guilty of officer impersonation, the court has to find that the prosecution proved his/her guilt beyond a reasonable doubt. Therefore the defense attorney would try to show the court the prosecution's evidence is too unreliable and insufficient to sustain a conviction. If the defense can poke enough holes in the prosecution's case, then the charges may be dropped.

False accusations: Perhaps the defendant may have been falsely accused of officer impersonation by someone out of revenge, anger, or an innocent misunderstanding. If the defense attorney can show that the defendant is the victim of wrongful allegations, he/she shouldn't be held criminally liable.

Police misconduct: Police sometimes violate the U.S. Constitution during criminal investigations by performing an illegal search, seizure or arrest. In such cases the defense attorney may file a Las Vegas motion to suppress evidence that requests that the court disregard all evidence discovered from the police's unlawful actions. If the motion is successful, the prosecution may choose to dismiss the entire officer impersonation case out of lack of proof.

Accused of 'impersonating a cop' in Nevada? Call a lawyer for help...

If you or a loved one is facing charges for "impersonation of an officer" in Nevada, call our Las Vegas criminal defense lawyers at 702-DEFENSE (702-333-3673). It's possible we could negotiate the charges down to a lesser offense or even a full dismissal so your record stays clean.

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